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Maritime law, also known as Admiralty law, governs the relationships between private entities which operate vessels in navigable waters. It provides specialized regulations for personal injuries that occur on the water or aboard any type of sea craft. The law originated in England and became part of United States law in 1787 and in the 6th Amendment to the US Constitution.

It differs from other areas of law in that lawsuits are based upon whether the vessel was operating in navigable waters, whether the vessel was considered on-shore or off-shore and often encompasses international defendants and law. Maritime law protects seamen (and women) for injuries they might receive while aboard a vessel.

Where are lawsuits filed?

Maritime lawsuits may be filed in either federal or state court, depending upon the nature of the suit. Whether to file in Federal or state Court is a question which must be considered. For example, in federal courts, the jury must reach a unanimous verdict; in most states, 9 out of 12 votes results in a verdict. In most cases where a claim is brought because of an injury, a jury will decide the issues-- under the Jones Act, which allows a seaman to sue the ship owner via a jury trial for personal injury or wrongful death when a ship owner breaches a duty of care owed to the seaman – basically meaning that the ship owner was somehow negligent, a jury will decide both questions of liability and how much in damages should be awarded.

Due to the complexity of maritime law, plaintiffs are best served by retaining the counsel of a qualified attorney who specializes in this type of law.

What types of damages are available?

Damages in maritime cases vary depending upon the circumstances. We asked Thomas Stolpman, a partner with Stolpman, Krissman, Elber & Silver, to explain. “Maritime workers can sue the boat owner/operator or their employer for lost wages (both past and future), medical costs, pre-judgment interest, pain & suffering – both physical and mental – and possibly for wrongful death claims. Punitive damages – those damages awarded to punish wrongful behavior – are rarely awarded in maritime cases.”